But two liberal-Democrat justices (Kagan recused herself from the case) voted, in the 21st Century, to deny Michigan the right to do what the 19th Century's 14th Amendment was meant to compel states to do:

In a fractured decision that revealed deep divisions over what role the judiciary should play in protecting racial and ethnic minorities, the Supreme Court on Tuesday upheld a Michigan constitutional amendment that bans affirmative action in admissions to the state’s public universities.

The 6-to-2 ruling effectively endorsed similar measures in seven other states. It may also encourage more states to enact measures banning the use of race in admissions or to consider race-neutral alternatives to ensure diversity...

In five separate opinions spanning more than 100 pages, the justices set out starkly conflicting views. The justices in the majority, with varying degrees of vehemence, said that policies affecting minorities that do not involve intentional discrimination should be decided at the ballot box rather than in the courtroom.

In other words, he thinks states, and the federal government for that matter, have the right to discriminate based upon race if they so choose. Sad, but thanks for getting it "right" this time, Justice Breyer, even if on your own liberal-Democrat illogical terms.

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Mike DeVine of Atlanta's Ruf Law Firm is the conservative voice for Atlanta Times News and editor of HillbillyPolitics; maintains blogs at Unified Patriots and Redstate.com; and regularly appears in major newspapers such as the Charlotte Observer and Atlanta Journal-Constitution. You may contact Michael at mikedevinelaw@yahoo.com.